§ 97.34  ENCUMBRANCES PROHIBITED.
   (A)   No person shall encumber the street or sidewalk before his place of business, or elsewhere in the city, with any boxes, shelves, stands, merchandise, or other things, excepting that the Board of Mayor and Aldermen may grant a license to any person or persons to use and occupy a portion of the street or sidewalk for the purpose of conducting thereon street fairs or other community events. Each such license shall contain the following provisions:
      (1)   Each license shall be valid for not in excess of three consecutive business days.
      (2)   Each license shall allow the encumbering of no more than half of the sidewalk area immediately adjacent to the building so that a minimum of half of the sidewalk is maintained free and clear for pedestrian traffic unless otherwise ordered by the Board of Mayor and Aldermen.
      (3)   Each license shall also be subject to such rules and regulations as are deemed appropriate by the Board of Mayor and Aldermen.
   (B)   The City Clerk, with the review and approval of the Director of Planning and Community Development and the Risk Manager may, in accordance with Chapter 110 of this code, license businesses located in the downtown area bounded by Queen City Avenue to Salmon Street and the easterly side of the Merrimack River to Chestnut Street to encumber no more than half of the sidewalk area immediately adjacent to the building in which the business is located so that a minimum of half of the sidewalk is maintained free and clear for pedestrian traffic. Each such license shall contain the following provisions:
      (1)   Each license shall be valid from April 1 through October 15 and the hours of operation shall be from 9:00 a.m. to 11:00 p.m.  The City Clerk, upon application by a licensee, shall have the discretion to extend the dates and times of operation.
      (2)   Each license shall be subject to the insurance provisions contained in § 115.60 of this code and shall be subject to the restrictions contained in § 115.44 of this code with the exception of times of operation.
      (3)   Each license shall also be subject to such rules and regulations as are deemed appropriate by the Board of Mayor and Aldermen.
      (4)   Each license shall be issued only to establishments as identified in division (B) of this section.
      (5)   Application fee. Each application for a permit under this section shall be submitted with a fee of $50.
      (6)   Any establishment licensed pursuant to this subsection and serving alcoholic beverages to its patrons, must be a restaurant as defined in R.S.A. 175:1 and must provide the City Clerk with a copy of a current liquor license issued by the New Hampshire State Liquor Commission.
   (C)   Letter or package collection boxes may be erected upon a street or sidewalk, at sites chosen by, and under the direction and supervision of the Public Works Director and the Director of Planning and Community Development.  Letter or package collection boxes shall be subject to such insurance and indemnification agreements as the Risk Manager may require.
   (D)   Newspaper distribution boxes may be erected upon a street or sidewalk under the direction and supervision of the Public Works Director who may impose such reasonable time, place and manner requirements as are necessary to protect the public safety and convenience. Newspaper distribution boxes shall be subject to such reasonable insurance and indemnification agreements as the Risk Manager may require.
   (E)   Notwithstanding the requirements in (B) of this section and Article 9.07D of the Zoning Ordinance, under the direction and supervision of the City Clerk, portable signage may be erected upon a public right-of-way adjacent to a place of business for the purposes of advertising. The City Clerk may issue permits for such portable signage only after review by the Planning and Community Development Department and the Public Works Director, who may impose such reasonable time, place, manner and dimensional requirements as are necessary to protect the public safety and convenience. Each application for a permit under this section shall be accompanied with a fee of $25.  Portable signage authorized under this section shall be subject to such insurance and indemnification agreements as the Risk Manager may require.
('71 Code, § 22-35) (Am. Ord. passed 7-3-73; Am. Ord. passed 9-2-75; Am. Ord. passed 11-20-84; Am. Ord. passed 7-12-90; Am. Ord. passed 2-21-95; Am. Ord. passed 6-5-00; Am. Ord. passed 11-7-01; Am. Ord. passed 4-16-02; Am. Ord. passed 2-19-08; Am. Ord. passed 2-7-09; Am. Ord. passed 5-19-09; Am. Ord. passed 10-3- 17; Am. Ord. passed 7-17-18) Penalty, see § 97.99